FXA -v- Secretary of State for Defence and another (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC 2024 LON 002266

In the High Court of Justice
King’s Bench Division
Administrative Court

4 July 2024


The Honourable Mrs Justice Foster


The King on the application of


Secretary of State for Defence

Secretary of State for Foreign, Commonwealth and Development Affairs


Before the Honourable Mrs Justice Foster sitting at the Royal Courts of Justice, Strand London WC2A 2LL on 4 July 2024

UPON reading the N461 urgent application herein dated 1 July 2024, the Statement of Facts and Grounds for Judicial Review and the N463

It is hereby ORDERED:


1. The Claimant’s application for an anonymity order is granted under CPR r.39.2(4) and/or the general case management powers in CPR r. 3.1(2). The Claimant in this action shall have anonymity until further order. No report or publication of these proceedings shall directly or indirectly identify the

2. The Claimant s application for closure of the Court file pursuant to CPR5.4C(4 ) is granted pending further order. Failure to comply with this direction may lead to contempt of Court proceedings.

Case Management

3. Time for the Acknowledgment of Service and Summary Grounds of Defence shall be abridged to 14 days from service of these proceedings.

4. The Defendants shall state whether they intend to apply for a Closed Material Procedure under s.6 Justice and Security Act 2013 as soon as possible and in any event within 14 days of service of these proceedings.

5. Permission shall be determined by a Judge on the papers within 10 days of the deadline for filing of the Acknowledgement of Service and Summary Grounds of Defence.

6. This claim shall be expedited.

7. The parties shall have liberty to apply to vary the terms of this order on giving at least 48 hours ’ written notice by email to the Court and to the other party.

8. Costs in the case.


1. The Grounds for expedition include that the Claimant, who is living illegally in Iran is at risk of deportation back to Afghanistan where his life would be at serious risk (and it is argued the act of deportation would bring him to the attention of the Taliban and thus increase the risk This is an ARAP case, and he is argued to be at risk in Afghanistan as a member of the Afghan Special Polices Forces units known as the “Triples” and to whom it said the Triples Review Process announced in February 2024 properly applies which policy and/or its application are challenged as unfair.

2. I note the decision challenged is described as “23 July 2023 and ongoing and delay is an issue addressed in the claim. In spite of what might be said to be delay and without prejudging the point it is appropriate to grant the modest expedition requested given the circumstances of his claim and the explanation at para 26 of the Grounds that the Claimant only approached an English lawyer on 14 May 2024. The Claimant has acted promptly since then and afforded the Defendants an opportunity to respond in substance but has received only applications for more time in which to do so in the course of June 2024. There has also been no indication as to the Defendant’s stance on the need for a closed procedure.

3. In these circumstances it is appropriate to make the Order as asked and to grant anonymity.